In particular, Bates raised several not very convincing arguments against the appointment of an advocate to act on behalf of the surveilled, thus turning this secret court into something more adversarial. Steve Vladeck of Just Security noted a few problems with Bates' arguments back in early August.

First, on the informational point, Judge Bates offers no evidence in support of his claim that allowing a security cleared outside amicus to participate before the FISA Court will somehow affect the government’s duty of candor to the tribunal, or otherwise disrupt the (apparently quite congenial) relationship between the FISC and the relevant government stakeholders. Indeed, Congress has already provided for security cleared private counsel to participate in FISA Court proceedings in the contexts of applications under section 215 of the USA PATRIOT Act and section 702 of FISA (as amended by the FISA Amendments Act of 2008). Does Judge Bates object to those provisions, as well? If not, why would a security cleared special advocate be any different in this regard than a security cleared private lawyer for the recipient of a section 215 production order or section 702 directive?

more https://www.techdirt.com/articles/20140822/09575528293/justice-kozinski-writes-letter-to-senators-calling-out-former-fisc-judge-john-bates-claiming-to-speak-entire-judicial-branch.shtml